6. R DOUG WOOLERTON (NZ First) Link to this
to the Minister of Justice
What reports has he received on the different versions and interpretations contained in documents, publications, and other information campaigns that have attempted to define the “principles of the Treaty of Waitangi”, and can he advise the House what the Government’s definition of the “principles of the Treaty of Waitangi” is?
Hon Dr MICHAEL CULLEN (Leader of the House) Link to this
Many. In 1989 the Government released five principles by which it would act when dealing with issues that arise from the Treaty of Waitangi, and I will be quite happy to table that particular document again, because no Government since that point has actually rejected or amended it. In relation to references in legislation, those, of course, are matters for the courts to interpret, but, to give greater clarity, this Government has adopted the practice of giving a greater degree of definition, of specificity, to those references in order that such interpretation does not occur simply in the abstract.
Is he aware that when asked what the Government’s definition of the principles was in 2002, the Prime Minister stated: “I am not aware of an official Government statement on the principles of the treaty.”; and what has changed between then and now that has enabled him to provide a definitive answer on behalf of the Government?
Hon Dr MICHAEL CULLEN Link to this
It is flattering to note that I gave a definitive answer in relation to that principal question. In fact, I have references to correspondence issued by the Prime Minister where she makes reference to that 1989 statement.
Is he aware that in 2002, when asked to define the principles, the Prime Minister stated that the principles had “preoccupied the courts, the legal profession, Maoridom, and the Government for many years. This process is clearly an ongoing matter.”, but declined to define them, and does he not realise that this lack of definition has come at a huge cost to this country, both fiscally and socially?
Hon Dr MICHAEL CULLEN Link to this
That, I think, was in the context of the interpretation of legislation. That still remains a matter for the courts, and one reason it is left in that form is that the interpretation is not necessarily fixed through all time in all circumstances. Because the nature of society changes, the nature of the relevant framework changes. That is also a reason why this Government has adopted the process of giving greater clarity to any such references, so that it is not a purely abstract consideration. I seek leave to table the 1989 document.